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VIBRANT SALES, INC. v. NEW BODY BOUTIQUE

No. 80 Civ. 3019(MEL).

496 F.Supp. 854 (1980)

VIBRANT SALES, INC., Plaintiff, v. The NEW BODY BOUTIQUE, INC., Maximum Exposure Advertising, Inc., Harvey S. Fishman and Avram C. Freedberg, Defendants.

United States District Court, S. D. New York.

September 9, 1980.

Attorney(s) appearing for the Case

Heller, Horowitz & Feit, P. C., New York City, for plaintiff; Jacob W. Heller, Richard F. Horowitz, New York City, of counsel.

Robinson, Silverman, Pearce, Aronsohn & Berman, New York City, for defendants; George B. Yankwitt, Floran L. Fink, Mark Jon Sugarman, New York City, of counsel.

LASKER, District Judge.

In February 1979, Vibrant Sales, Inc. ("Vibrant") began the manufacture and marketing of a "waist reducing belt" under the name1 "Waist Away," which purported to trim the wearer's excessive girth without dieting or exercise. Vibrant marketed its belt through mail-order magazine advertising, using a photograph of a youthful man and woman together, both wearing Waist Away belts and bathing suits (hereinafter the original...

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